LIABILITY OF HARBOR BOARDS

Taranaki Daily News, Volume LII, Issue 382, 6 May 1910, Page 8

LIABILITY OF HARBOR BOARDS

AN IMPORTANT JUDGMENT. By Telegraph—Press Association. Nelson, Last Night Justice Cooper's considered judgment was delivered to-day in the case, Mottteka Harbor Board v. Rankin. It is of importance to harbor boards. The case was an appeal from the decision of the Stipendiary Magistrate giving judgment for respondent for the value of a ton of sugar short delivered hy appellant board, and lost from the wharf under the board's control. The Magistrate held that notice of action was not necessary under section 210 of the Harbors Act, a< the Board's right to act as wharfingers was derived .from its bve-laws and not from the statute, and that implied a contract entered into between respondent and .aippellant. The matter being one of contract, His Honor upheld the Magistrate's contention that section 21ft did not apply to breaches of contract, but reversed the Magistrate's decision tl at there had been a contract entered into between the Board as wharfingers ar.d the shippers. His Honor held that the failure to deliver goods was a hrpach of a duty imposed by statute, and that the section applied and that notice of action was necessary. The appeal was therefore allowed with costs.